1

2000 HSC Notes from t he

Examination Centre
Legal Studies
Board of Studies 2001
Published by
Board of Studies NSW
GPO Box 5300
Sydney NSW 2001
Australia
Tel: (02) 9367 8111
Fax: (02) 9262 6270
Internet: ht t p: / / www. boardofst udi es. nsw. edu. au
Schools, colleges or tertiary institutions may reproduce
this document, either in part or full, for bona fide study
purposes within the school or college.
ISBN 0731347676
Job Number 2000733
2
Legal Studies
Introduction
Total candidature for the 2/3 Unit (Common) paper was 8071 while 1118 attempted
the 3 Unit (Additional) paper.
The overall standard for candidates responses, especially in the options was
excellent, with good use of stimulus material provided. The more able candidates
were able to refer to relevant legislation and discuss the effectiveness of the legal
system in addressing particular issues. These candidates were well informed in the
changes in legislation and terminology. As in previous years, the poorer candidates
failed to display an understanding of the course content, incorporate the stimulus
material and address the specific question in their responses. Often these candidates
gave detailed answers to parts (a) and (b) but little relevant information and analysis
in part (c). The overall quality of the responses to the Case Studies was excellent,
however, fewer candidates attempted the Migrants and Other Disadvantaged People
but the quality here has improved. The rest of the candidature concentrated on the
other two case studies where the quality of the response was excellent.
2/3 Unit (Common)
Section II The Options
Consumers and the Law
Approximately 39% of candidates attempted Consumers and the Law, with
approximately 66% attempting question 21 and 34% attempting question 22. This is
a significant shift away from the tendency of previous years, where the number of
candidates tended to be at least balanced or even slightly weighted towards the
structured question.
Question 21
The content of some of the responses to the credit section of question 21, suggests
that some candidates may have selected it because they had limited knowledge of
contracts and common law, which was a requirement in question 22. Accordingly, the
most common area of weakness in the responses to question 21 was in dealing with
the rights and remedies of borrowers and credit providers.
The best responses were those, which addressed the entire question in a well balanced
manner. These candidates made appropriate use of the stimulus without being overly
reliant on it. They were able to clearly distinguish between rights remedies and
redress, and illustrated their responses with relevant legislation, cases and examples.
Excellent responses also included up to date legislation, such as the Consumer Credit
Code in addition to the Credit Act 1984. The better candidates once again stood out
as being those who could analyse and evaluate rather than merely describe and outline
how the law protects consumers.
3
Question 22
The overall standard of the responses to question 22 was not as high as for question
21 and indicated that a number of candidates found the specificity of the question, ie:
parts (a) and (b), difficult.
The best responses were those, which contained clear, concise definitions of
freedom of contract and privity of contract, and displayed a superior understanding
of the difference between common law and legislation. Many candidates still have
difficulty in understanding the difference between common law and legislation and
the relationship between them. This question lent itself to the inclusion of cases to a
greater extent than question 21, and the better candidates were able to give some very
good examples of cases, which specifically illustrated types of harsh and
unconscionable conduct, such as duress, undue influence and misrepresentation.
Once again the better candidates were able to provide a clear and thorough evaluation
of how legislation protects consumers rights.
The Environment and the Law
This option was attempted by 12% of candidates, 43% of them attempted question 23
and 57% attempted question 24. The best responses in each question successfully
incorporated the statement/stimulus into their response and had a high degree of
evaluation and analysis in their answers.
Question 23
The best responses to this question had an excellent understanding of the variety of
changes in the perception of the environment in the 20
th
century. This included
concepts such as: inter/intra generational equity, the precautionary principle, decision
irreversibility, and property rights over the environment. The best responses also had
an excellent understanding of the fragmented system including details of the
constitution and specific case and statutory examples. The better responses also
included details of current legislative changes. eg: The Environment Protection and
Biological Conservation Act 1999. (Cth)
Question 24
Candidates incorporated an analysis of the statement and a detailed response to each
area of the question. A major weakness was the large number of candidates who did
not understand the sources of environmental law. Better responses provided relevant
case and statute examples when evaluating the effectiveness of the management of
environmental conflicts. This evaluation included an understanding of the tiers of
government, national and international issues and licensing problems. eg: licenses to
pollute, the M2 case, Optus cables case, and the third runway.
Family and the Law
Family and the Law was by far the most popular option attracting 94% of the Legal
Studies candidature. Of this, 70% attempted question 25 and 30% attempted question
26.
4
Question 25
Many candidates adequately addressed marriage and defacto relationships and better
candidates also included customary marriage, same sex relationships and single parent
families. Weaker responses concentrated on legal protection in cases of domestic
violence, whilst better responses included an analysis of economic, emotional and
physical protection. This question required candidates to demonstrate a detailed
knowledge of contemporary legislation, including the Property (Relationships)
Legislation Amendment Act 1999. (NSW)
Question 26
This question challenged many candidates with the reference to the functions of the
family as dealt with by the law, opting instead to describe the different types of
families. Part (b) required candidates to be familiar with the UN Convention on the
Rights of the Child. Better responses demonstrated this knowledge and clearly linked
it to Australian legislation, including Children and Younger Persons (Care in
Protection) Act 1998 (NSW). Weaker responses understood that the Convention
existed but could not relate it to domestic law. Part (c) instructed the candidates to
evaluate the effectiveness of the legal system in addressing the needs of children.
Better responses considered the best interests of the child and recent changes to
legislation including the Family Law Reform Act 1995 (Cth). The stronger responses
evaluated effectiveness using relevant legislation, recent case law and appropriate
media references. Weaker responses tended to over-emphasise the failure of the legal
system to protect children with particular reference to DOCS.
Housing and the Law
Housing and the Law was the least popular option attracting 22 % of the candidature.
45% answered question 27 and 55% attempted question 28. While both questions
appear to be of equal difficulty, the better candidates attempted question 27.
Question 27
Better responses were able to evaluate the protection provided by the legal system to
people who live in public housing or special accommodation. These candidates
referred to new legislation including:
Residential Tenancies (Social Housing) Act 1998
Residential Parks Act 1998
Aged Care Act 1997 (Cth)
Amendments in 1998 to the Retirement Village Act
Better candidates were able to make reference to the statement, use relevant cases and
legislation as well as up to date media sources.
Question 28
Question 28 allowed many candidates to score well in parts (a) and (b), but part (c)
was not answered confidently. Average responses referred to the protection available
to purchasers and tenants, rather than evaluating the effectiveness of the legal
processes involved in this protection.
5
Workplace and the Law
Workplace and the Law was the third most popular option attracting 32% of the
candidates. Approximately 42% of these attempted question 29, and 58% attempted
question 30.
Question 29
Question 29 broadly related to change in the workplace. Many candidates adopted an
historical approach and were able to identify a wide variety of changes that have
occurred in the workplace. Better candidates were able to describe the factors causing
these changes, as well as the extent of responsiveness of the legal system. These
candidates were able to show how the law has supported the modern employer-
employee model, as well as allowing for technological and other changes, with an
evaluation of current legislation and recent case studies.
Question 30
Better candidates were able to distinguish between unfair and unlawful dismissal and
were able to relate this to the stimulus. These candidates also addressed the roles of
legislation and employment contracts. Others simply listed relevant Acts and
common law duties. Many candidates were able to identify examples of different
types of redress. Better candidates were able to evaluate these in terms of suitability,
complexity, time and cost effectiveness.
Section III Case Studies
Aboriginal And Torres Strait Islander Peoples
17% of candidates attempted this Case Study. Of this total, 63% attempted Question
31 and 37% attempted Question 32.
Question 31
Excellent responses made very good use of a range of legislation, case law and media
sources in their answers. They demonstrated a high degree of critical analysis of the
legal system in responding to the pursuit of justice for ATSIP. They incorporated the
statement/stimulus material into their discussion in a confident manner.
Question 32
As in Question 31, excellent responses exhibited a high degree of skill in
incorporating a range of legislation, case law, statistics and examples into a concise,
balanced response in answering the question. Excellent responses demonstrated a
substantial knowledge of the case study and were able to effectively integrate the
statement/stimulus material into their response.
Migrants
6.2% of Legal Studies candidates attempted this Case Study. Of this total, 73%
attempted Question 33 and 27% attempted Question 34.
6
Question 33
Excellent responses answered the whole question, including the statement and
referred to case law (eg Teoh V Minister for Immigration, Chen Yi V Minister for
Immigration, Amadio V CBC Bank Checklekov V Administrative Appeals Tribunal),
legislation and government policies (eg Migration Act 1958, Migration Reform Act
1992, Anti-Discrimination Act, Racial Discrimination Act, Racial Vilification Act,
White Australia Policy, etc.). Excellent responses also referred to other legislation
effecting migrants. eg: Contracts Review Act, Workplace Relations Act. Excellent
responses were fully aware of the recent changes to the categories of migrants and
this was evidenced in their responses.
Question 34
Excellent responses distinguished between refugees and illegal immigrants and gave a
detailed description of the problems that each group encountered. These responses
clearly indicated an understanding of the term administrative review and were able
to use cases and legislation to demonstrate the difficulties faced by these people.
Excellent responses incorporated a high degree of critical analysis in evaluating the
effectiveness of the legal system in responding to the needs of refugees and illegal
immigrants.
Women
71.9% of candidates attempted this Case Study. Of this total 45% attempted Question
35 and 55% attempted Question 36.
Question 35
A high degree of critical analysis was demonstrated by excellent responses. These
candidates were able to integrate case law, legislation and other legal material such as
reports, statistics and media sources to address the effectiveness of the legal system in
responding to the changing role of women in the workplace. Excellent responses also
were able to effectively incorporate the statement/stimulus material into their
discussion. Some candidates were aware of legislative change, remedies, the
Affirmative Action Act 1986 (Cth) being replaced by the Equal Opportunity for
Women in the Workplace Act 1999(Cth).
Question 36
Excellent responses were distinguished by their ability to deal with all four parts of
the question. In particular, in Part D they were able to critically analyse the
effectiveness of the Australian legal system in providing access to justice for women
in the home, workplace and in violent situations. These candidates also incorporated
the statement/stimulus material into their work.
Other Disadvantaged People
4.2% of candidates attempted this Case Study. Of this total 48% attempted Question
37 and 52% attempted Question 38.
7
Question 37
The standard of response for this holistic question was varied. Stronger candidates
had a comprehensive understanding of all relevant aspects of the provision of social
security payments. Excellent responses were characterised by the development of a
specific point of view with reference to the statement and the question. Such answers
referred to relevant legislation including the Social Security Act (Cth) 1991, the
Disability Services Act (Cth) 1986 and the Veterans Entitlement Act (Cth) 1986,
institutions such as Centrelink and also administrative review bodies. Legal reports
(eg Henderson, McClure) and contemporary policies and issues such as mutual
obligation and work for the dole were a further feature of excellent responses.
These specific aspects of the legal system were integrated into the stronger responses
demonstrating a high level of analysis and critical evaluation.
Question 38
Excellent responses answered all parts of the question with a depth of treatment
warranted by the marks allocated to each part. Such responses were characterised by a
critical analysis of the statement and question. Such analysis integrated legislation
including the Mental Health Act (NSW) 1990, the Disability Services Act (NSW)
1993, the Guardianship Act (NSW) 1987, the Protected Estates Act (NSW) 1983 and
both Federal and State anti-discrimination statutes into the answer. Institutions
including the Mental Health Review Tribunal, Guardianship Board, Official Visitors,
the Human Rights and Equal Opportunity Commission and contemporary policies and
issues ( eg deinstitutionalisation) were also woven into a well structured response
which developed a logical point of view.
3 Unit (Additional)
Section III
The questions were very demanding in all options with some candidates clearly
struggling to come to terms with answering the whole question. However, in general
it was clear that the quality of candidates work was superior to that of candidates in
previous years.
Most candidates attempted to address the issues within the questions, and the
responses were of a higher standard than those in previous years. The effectiveness of
the legal and non-legal responses to issues across the 3 Unit topics was well argued
with a high proportion of students integrating topical case studies.
Many candidates attempted to link the Case Studies to the Core and better responses
linked the Core to the Depth Studies. The evaluation of international law was more
extensive and substantial than evaluation of national law. However, in the Indigenous
People option, the concentration of the media and the community on the national
debate on issues within the course contributed to a superior discussion of the issues
from a national perspective. The difference of approaches between international and
national responses was particularly well done in Indigenous People. In the
8
Technology Change topic the national approach was only well contrasted with the
international with respect to Biotechnology. This was not the case with World Order
or with Global Environmental Protection where natural approaches were added on as
afterthought.
A high proportion of answers were clearly prepared though many of these indicated
considerable understanding of the topic. The prepared answers sometimes made it
difficult to recognise which question had been attempted.
Candidates did not necessarily come to terms with the statement and with few
exceptions only some reference was made to the stimulus. Candidates had difficulty
in directly addressing some of the details within questions e.g. differentiating between
frameworks and processes (World Order), political/geographical boundaries (global
environmental protection)